Terms & Conditions

For the purposes of these Terms and Conditions of Sale (the "Terms and Conditions"), SISupplies and the entity purchasing goods and/or services from SISupplies are collectively referred to as the "Customer." All sales of products ("Products") by SISupplies to the Customer are governed by these Terms and Conditions. These Terms and Conditions constitute the full and exclusive agreement governing the sale of Products and Services by SISupplies to the Customer and the Customer’s account. Any terms included in documents issued by the Customer are expressly rejected. The Customer's acceptance of Products or SISupplies' initiation of the performance of services ("Services") for the Customer will signify the Customer's agreement to these Terms and Conditions. No waiver, modification, amendment, or alteration of these Terms and Conditions will be valid unless made in writing and signed by both SISupplies and the Customer. SISupplies' decision not to object to terms included in any Customer-issued document does not constitute a waiver or alteration of these Terms and Conditions. All orders are subject to written approval by an authorized representative of SISupplies.

"Account" refers to a business charge account established with SISupplies, intended solely for the purchase of Products and/or Services from SISupplies for the Customer's business use in Canada. The Customer has applied for this account to facilitate business-related purchases of Products and/or Services on open account, subject to these Terms and Conditions. In consideration of the Account privileges granted by SISupplies, the Customer agrees to pay SISupplies for all purchases made on the Account, along with any applicable fees or charges as outlined in these Terms and Conditions. The Customer acknowledges that this Account is strictly for business use to purchase Products and/or Services from SISupplies, and such purchases do not arise from consumer transactions, meaning consumer credit regulations or consumer protection laws do not apply. Accounts that remain inactive for more than one (1) calendar year will be deactivated. SISupplies reserves the right to place any Account on hold, refuse shipments, or send an Account to collections if payment terms are consistently exceeded or the Account is deemed to be improperly managed. Customers will be notified in writing and verbally of any debts sent to collections.

Individuals authorized to use the Account are those designated as "Authorized Purchasers" in the Account application. The Customer agrees to promptly notify SISupplies of any changes to the names or titles of Authorized Purchasers listed in the Account application. The Customer accepts liability, to the extent permitted by applicable law, for any losses incurred by SISupplies as a result of the Customer's failure to provide timely notification of such changes. The Customer acknowledges that SISupplies may rely on reasonable representations made by individuals claiming to be authorized agents with authority to make purchases on the Customer's Account, unless the Customer has submitted a written list of Authorized Purchasers to SISupplies' Manager of Credit. Purchases and deliveries may be made without requiring a signature.

The Customer acknowledges and agrees that SISupplies may assess the Customer's creditworthiness, as well as that of any guarantor. The Customer authorizes suppliers, credit agencies, banks, savings and loans, and other financial institutions to provide SISupplies with credit information for the purposes of evaluating the Customer's Account application, establishing a credit limit, reviewing the Customer's credit history, adjusting the credit limit, or any other lawful purpose. The Customer agrees that SISupplies may establish a credit line ("Credit Line") with a fixed credit limit for the Customer's convenience and that the Account balance must not exceed this Credit Line at any time. The Customer further agrees that SISupplies may, at its discretion, modify the Credit Line based on changes in the Customer's credit capacity, credit history, or Account performance as evaluated by SISupplies.

The Customer agrees that if an Account is opened with SISupplies, all credit extended on the Account will be subject to these Terms and Conditions. The Customer accepts SISupplies' descriptive billing system as the method for documenting all purchases made on the Account. SISupplies' invoice number will serve as the reference number for billing and invoicing purposes to track purchases of Products and/or Services. Purchase order numbers, when provided, will be noted on the Customer's Account billing statement supplement for informational purposes only. These Terms and Conditions take precedence over any conflicting terms in other documents, including executed purchase orders. Upon the establishment of an Account, the Customer agrees to pay the total Account balance, along with any applicable charges or fees, at the location specified by SISupplies and in accordance with the billing statement or invoice.

SISupplies reserves the right, at its sole discretion, to modify rates, charges, or these Terms and Conditions and to introduce new terms, as permitted by law. Such amendments will apply to the outstanding balance of the Customer's Account. Failure to pay the Account in compliance with these Terms and Conditions may result in suspension or termination of the Account, as determined solely by SISupplies. Unless otherwise stated on the invoice, the Customer agrees to pay all amounts due within thirty (30) days from the invoice date. SISupplies retains the right to request full or partial payment in advance, or to require other satisfactory security, if it determines in good faith that the Customer's financial condition does not support the specified payment terms.

A service fee of $25 will be charged for each cheque returned by the Customer's bank, provided that this fee complies with the laws of the applicable jurisdiction.

Pricing for SISupplies Products and Services is subject to change at SISupplies' sole discretion, with or without prior notice. Any prices quoted by SISupplies are valid for thirty (30) days unless otherwise specified in writing. The prices for Products will be as specified by SISupplies or, if no specific price has been provided or quoted, will reflect SISupplies' prevailing price at the time of shipment. All prices are subject to adjustment based on factors such as specifications, quantities, raw material costs, production expenses, shipment arrangements, or other terms and conditions not included in SISupplies' original price quotation.

Applicable taxes will be applied to the total net purchase price of orders unless the Customer provides a valid exemption certificate from the relevant governmental authority prior to the purchase. Product prices do not include sales tax, value-added tax (VAT), or any other taxes and duties related to the sale, delivery, or use of the Products, all of which are the responsibility of the Customer.

Cancellation or Changes by Customer: Products will be shipped to the address provided by the Customer, F.O.B. SISupplies' shipping point. SISupplies reserves the right to make partial shipments of Products at its discretion and to issue separate invoices for each shipment. SISupplies may withhold shipments, either partially or in full, or stop delivery of Products in transit if the Customer fails to make any payment when due or does not fulfill other obligations under these Terms and Conditions.

All shipping dates are estimates only, and SISupplies will not be held liable for any loss or damage resulting from delivery delays or failures caused by factors beyond its reasonable control. In cases of delays due to such factors, SISupplies reserves the right to terminate the order or reschedule the shipment within a reasonable timeframe. The Customer will remain obligated to accept delivery and fulfill all related responsibilities despite such delays. If delivery is delayed due to reasons within the Customer's control, SISupplies may place the Products in storage at the Customer's risk, expense, and account.

Orders in process may only be canceled with SISupplies' written consent and are subject to applicable cancellation charges. Changes to orders in process are permitted only with SISupplies' written consent and mutual agreement on an appropriate adjustment to the purchase price.

Notwithstanding the trade terms mentioned above and subject to SISupplies' right to stop delivery of Products in transit, title to and risk of loss for the Products will transfer to the Customer upon SISupplies delivering the Products to the carrier.

Claims for lost or damaged goods shipped on a freight collect basis are solely the responsibility of the Customer, and SISupplies accepts no liability for these shipments. For shipments sent on a freight prepay and add basis, SISupplies will handle claims for lost or damaged goods, provided the Customer supplies the necessary documentation to initiate a claim with the carrier. Products must be inspected upon delivery, and the Customer must ensure that the driver clearly notes any damages on the Pro-bill.

The Customer should contact a SISupplies Sales Representative within forty-eight (48) business hours of receiving damaged goods to request a return merchandise authorization number, if applicable, for an Account credit and to arrange for the reshipment of the Products. SISupplies will not be held liable for lost or damage claims associated with Pro-bills signed as "free and clear." For the purposes of these Terms and Conditions, "business hour" refers to any hour during a business day, excluding Saturdays and Sundays, when the Royal Bank of Canada in Toronto, Ontario, is open for regular commercial banking activities.

The Customer must provide a customer invoice from a SISupplies Sales Representative prior to returning Products. Any returned Products must be in their original packaging, free from damage or defects, and in sellable condition. SISupplies will refuse any returned merchandise not accompanied by the appropriate customer invoice documentation. All returns may be subject to a twenty percent (20%) restocking fee, except for defective Products covered by a valid manufacturer warranty. Credit notes will only be issued for Products returned within thirty (30) days of the order date. Note: Custom-cut materials, special order items, and equipment parts are considered non-returnable.

Products provided by SISupplies that are sourced from an original manufacturer or third-party supplier are not warranted by SISupplies. However, SISupplies will transfer to the Customer any warranty rights it holds from the original manufacturer or third-party supplier, to the extent such a transfer is permitted. SISupplies has no obligation to perform repairs, replacements, or corrections for issues arising from:
(i) normal wear and tear,
(ii) accidents, disasters, or force majeure events,
(iii) misuse, negligence, or fault by the Customer,
(iv) use of Products in ways they were not designed for,
(v) external causes such as power failures or surges,
(vi) improper storage or handling of the Products, or
(vii) use of the Products with equipment or software not supplied by SISupplies.

If SISupplies determines that a warranty service request is not covered under the applicable warranty, the Customer will be responsible for reimbursing SISupplies for all costs associated with investigating and responding to the request at SISupplies' prevailing time and materials rates. If SISupplies provides repairs or replacement parts that are not covered by a warranty, the Customer will be charged for those services or parts at the same rates.

Unless permitted by the applicable warranty from the original manufacturer or third-party supplier or allowed under applicable law, any installation, maintenance, repair, service, relocation, alteration, or tampering with the Products performed by any party other than SISupplies without prior written approval—or the use of replacement parts not supplied by SISupplies—will immediately void any warranties for the affected Products.

The obligation under the Product warranty to repair or replace defective Products constitutes the Customer's sole remedy in the case of a defect. Except as explicitly provided in the applicable warranty, SISupplies disclaims all other representations, warranties, and conditions, whether express or implied, oral or written, regarding the Products, including but not limited to implied warranties of merchantability or fitness for a particular purpose. SISupplies does not warrant that the Products are error-free or that they will achieve any specific results.

If a partial payment is made, unless the Customer specifies otherwise in writing with each remittance, payments will first be applied to any service charges for returned checks, followed by matching open items on the billing statement or invoice. If matching is not possible, payments will be applied to open items in order of age. Any remaining payment will be applied as a general credit (on account) to reduce unpaid balances, as determined by SISupplies in its sole discretion. Credit notes may be applied to older Account invoices or used toward future purchases.

If the Customer fails to pay the outstanding balance of their Account when due or breaches any of these Terms and Conditions, SISupplies may demand immediate payment of the entire Account balance and, as permitted by law, initiate legal action to collect the balance. SISupplies may also pursue any other legal actions or remedies deemed necessary or appropriate in response to such a breach. The Customer agrees that SISupplies may, at its discretion, pursue separate actions for judgment and collection for the Account or Accounts at each of SISupplies' locations. The Customer further agrees to pay all costs of collection, including, but not limited to, reasonable legal fees.

SISupplies retains all rights and remedies regarding the repossession and resale of any Products repossessed as permitted by law. All remedies outlined here are cumulative and in addition to any other remedies SISupplies may have under these Terms and Conditions or applicable law.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, (i) THE LIABILITY OF SISUPPLIES UNDER THESE TERMS AND CONDITIONS (WHETHER ARISING FROM BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, EXCEPT FOR LIABILITY RELATED TO BREACH OF WARRANTY, THE SOLE REMEDY FOR WHICH IS AS OTHERWISE PROVIDED HEREIN) SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY THE CUSTOMER TO SISUPPLIES FOR THE PRODUCT(S) INVOLVED IN SUCH LIABILITY, and (ii) UNDER NO CIRCUMSTANCES SHALL SISUPPLIES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL), WHETHER OR NOT SISUPPLIES (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) SUCH DAMAGES WERE REASONABLY FORESEEABLE, EVEN IF SISUPPLIES IS NEGLIGENT.

Either party has the right to cancel the Customer's Account at any time and for any reason in relation to purchases or future purchases. However, the Customer remains obligated to pay any outstanding balance prior to cancellation and is still responsible for payment of any special order Products ordered before the cancellation.

The Customer agrees that the balance due on the Customer's Account will not be reduced, and that payments due on the Customer's Account will not be delayed in any way, including by offsets or chargebacks of any kind, unless explicitly agreed to in writing by SISupplies.

The Customer agrees that SISupplies may amend these Terms and Conditions, as well as introduce new terms (including, but not limited to, charges for insufficient checks and other fees) at SISupplies' sole discretion. Any such amendments will apply to the existing balance of the Customer's Account to the extent permitted by law.

SISupplies reserves the right to assign the Customer's Account at any time, without prior notice to the Customer.

If, in any jurisdiction, any provision of these Terms and Conditions or their application to SISupplies, the Customer, or its guarantor (if any) is restricted, prohibited, or unenforceable, that provision shall be ineffective only to the extent of such restriction, prohibition, or unenforceability in that jurisdiction, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction, or its application to other parties or circumstances.

Original sales invoices will not be mailed with or accompany Account billing statements; therefore, the Customer must keep the invoice copy received at the time of purchase for their records. Invoices can be delivered by mail, electronically, or by fax. Duplicate invoices will be provided upon request. Account billing statements are provided as a courtesy and as a reminder of the outstanding balance; they are not required for making payments on the Customer's account.

These Terms and Conditions shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. The Customer and its guarantor, if any, hereby consent to venue in any court of competent jurisdiction chosen by SISupplies.